In this post we supply a complete guide to work remotely from Spain as a digital nomad, a law which was incorporated as an addition to the start-up law of 2023, which is an innovative law which opens the possibility of residing in Spain to work remotely and predominantly for non-Spanish companies.
Firstly, it’s essential to clarify that the well-known Entrepreneur Law has been modified to include a new permit called “International Telecommuters“. This new visa is for non-EU citizens who want to establish themselves in Spain and work remotely as digital nomads. The good thing is that both employees and self-employed individuals can apply for this visa.
In this post we cover the following: (click any section to see its content)
A complete guide on how to obtain a Digital-Nomad visa in Spain and work remotely from Spain.
- REMOTE-WORK VISA IN SPAIN »
- REQUIREMENTS FOR REMOTE-WORKER VISA AS A DIGITAL-NOMAD »
- FAMILY MEMBERS OF REMOTE-WORKERS AND DIGITAL-NOMADS IN SPAIN »
- VISA AS AN INTERNATIONAL REMOTE WORKER – DIGITAL NOMAD »
- RESIDENCE AUTHORIZATION FOR DIGITAL NOMADS IN SPAIN »
- SPANISH NATIONALITY »
- ALL TYPES OF RESIDENCY AVAILABLE IN SPAIN »
- SCHEDULE AN APPOINTMENT WITH A SOLICITOR »
REMOTE-WORK VISA IN SPAIN:
Who can apply for a digital-nomad visa?
All non-EU citizens who want to engage in remote work and need to demonstrate:
- Having a degree or postgraduate qualification
- Having professional training from recognized schools
- Or proving more than 3 years of experience in the chosen sector
- The law distinguishes clearly between employees and self-employed individuals.
Employee: In this case, the worker can only work for companies located outside Spain.
Self-Employed: If you have your own business, you can telecommute in Spain for companies outside our country, with a limitation. The percentage of work offered to companies located in Spain cannot exceed 20% of the total professional activity.
REQUIREMENTS FOR REMOTE-WORKER VISA AS A DIGITAL-NOMAD:
- Not being irregularly in Spanish territory.
- Being over 18 years old.
- Having no criminal record in Spain and the countries where you’ve resided for the last two years, for crimes under Spanish law. Additionally, a responsible statement of the absence of criminal records for the last five years will be submitted.
- Not being listed as rejectable in the territorial space of countries with which Spain has signed an agreement to that effect.
- Having public health insurance or private health insurance contracted with an authorized insurance entity to operate in Spain.
- Having sufficient economic resources for yourself and your family during your period of residence in Spain.
In addition to these general requirements for any permits regulated in the Entrepreneur Law, for this type of authorization/visa, the following must also be fulfilled:
- The existence of a real and continuous activity for at least one year by the company or group of companies with which the worker has a labour or professional relationship.
- Documentation proving that the labour or professional relationship can be carried out remotely.
In the case of an employee contract, it must be proven that the relationship between the worker and the company not located in Spain has existed for at least the last three months before the application, along with documentation proving that the company allows the worker to work remotely.
In the case of a professional relationship, it must be proven that the worker has a commercial relationship with one or more companies not located in Spain for at least the last three months, along with documentation proving the terms and conditions under which the professional activity will be exercised.
FAMILY MEMBERS OF REMOTE-WORKERS AND DIGITAL-NOMADS IN SPAIN:
Family members of minors and dependants can also obtain both the visa and accompany the remote worker.
Which family members can be included?
- Person with a similar affective relationship
- Dependent children under 18 or older who, economically dependent on the holder, have not formed their own family unit
- Dependent ascendants
These relatives who reunite or accompany foreigners intending to work-remotely from Spain can apply, jointly or successively, for the authorization and, if applicable, the visa.
VISA AS AN INTERNATIONAL REMOTE WORKER – DIGITAL NOMAD:
Non-resident foreigners who intend to reside in Spanish territory to work remotely for a company not located in Spain should apply for the corresponding visa through a legal body.
After the application and once the documentation is evaluated, and if all requirements are met, a visa will be issued with a maximum duration of one year. The visa may be of a shorter duration if requested by the employee or self-employed worker with a shorter contract.
The international telecommuting visa will be a sufficient title to reside and work remotely in Spain during its validity.
Within sixty natural days before the expiration of the visa, international telecommuters interested in continuing to reside in Spain can apply for the international telecommuting worker residence authorization, provided the conditions that generated the right are maintained.
RESIDENCE AUTHORIZATION FOR DIGITAL NOMADS IN SPAIN:
If you are in Spain regularly or have just arrived with an international telecommuting visa, you can apply for a residence authorization at the Large Companies and Strategic Collectives Unit, which will have a duration of 3 years unless the foreign citizen has requested a shorter validity.
Holders of this authorization can apply for its renewal for two-year periods as long as the conditions that generated the right are maintained.
Like any other residence permit in Spain, this visa will count towards applying for Spanish nationality through residence.
To apply for Spanish nationality, it is necessary to meet a period of legal residence before the application. Depending on the situation, a longer or shorter time must be proven.
For the granting of nationality by residence, a residence of ten years is required. Five years will be sufficient for those who have obtained refugee status, and two years for nationals of Ibero-American countries, Andorra, the Philippines, Equatorial Guinea, or Portugal, or Sephardic individuals.
It will be enough to have one year of residence for:
- Those born in Spanish territory.
- Those who have not timely exercised the option.
- Those who have been legally subject to guardianship, legal representation with full powers, guardianship, or care by a Spanish citizen or institution for two consecutive years, even if they continue in this situation at the time of the application.
- Those who, at the time of the application, have been married for one year to a Spanish man or woman and are not legally or factually separated.
- The widow or widower of a Spanish woman or man, if at the time of the spouse’s death, there was no legal or factual separation.
- Those born outside of Spain to a father or mother, grandfather or grandmother, who originally were Spanish.
ALL TYPES OF RESIDENCY AVAILABLE IN SPAIN:
- Golden-Visa Spain (Spain citizenship by investment)
- Non-Lucrative visa Spain (Spain visa non lucrative)
- Self-Employed visa Spain (self employed expats in Spain)
- Digital-Nomad visa Spain (remote worker in Spain)
DO YOU REQUIRE ASSISTANCE TO BE A DIGITAL-NOMAD IN SPAIN?
We are a Spanish Solicitor and assist our clients with all types Spanish legal processes.
Permanent residency is obtained after 5 years of Spanish Residency through Self-Employed Residency, Digital-Nomad, Non-Lucrative Residency or Golden-Visa. This followed by 5 years as a permanent resident in Spain and means you can then obtain Spanish Citizenship with a Spanish Passport.